Leave Policy/Compliance

On the Chopping Block for Hiring and Pay Discrimination

By Susan Schoenfeld

Yesterday we explored how the Office of Federal Contract Compliance Programs (OFCCP) has been taking a hard stance on hiring and pay discrimination cases. Today, we’ll learn the takeaway from all of those cases.

Lessons Learned

In addition to highlighting OFCCP’s concentrated focus on systemic hiring and compensation issues, these recent cases (check out yesterday’s Advisor to learn about those cases) show that contracts with large numbers of applicants for entry-level positions must be vigilant in carrying out consistent, nondiscriminatory hiring practices and in documenting and maintaining records of such efforts.

In addition to the threat of high-cost settlements, the OFCCP recently launched the Class Member Locator (CML), the purpose of which is to identify applicants or workers who have been impacted by OFCCP’s compliance evaluations and complaint investigations and who may be entitled to a portion of monetary relief or consideration for job placement.

Potential class members in the settlements discussed in this article and other potential class members who believe they were impacted by contractor discrimination are being encouraged to contact the OFCCP for inclusion in class lawsuits.

And in 2016 …

In fiscal year (FY) 2016, the OFCCP says it will continue to focus on systemic hiring and compensation cases where agency reviews can have the greatest impact. In order to do so, the OFCCP will continue to train staff and will hire 10 new, specialized staff members with expertise in conducting the complex data analyses necessary for evaluating hiring and pay practices.

With the additional staff, the OFCCP will provide sufficient expert support for improved data collection and analysis. The OFCCP says that its compensation targets are projected to increase to 40% of all discrimination violations and settlements in FY 2015 and in FY 2016 (up from 35% in FY 2014). As a result, by 2016, the OFCCP expects that virtually all compensation violations and settlements will involve systemic issues.

Compliance and compensation are just part of the many important jobs of an HR Manager. Another increasingly important job is workplace violence prevention.

The upward trend of workplace violence is devastating on both a personal and professional level. For every active shooter event, statistical data predicts nearly a dozen injuries and at least three deaths. Studies also show that out-of-court settlements for workplace violence lawsuits average $500,000 and jury awards average $3 million. Luckily, BLR® has put a great deal of effort into coming up with solutions like our 2016 Workplace Violence Prevention Symposium: The Latest Insights on How to Minimize Potential Threats and Legal Risks. Join us in Orlando, Florida on March 10-11, 2016 and learn all about what you can do to prevent workplace violence.

Register today for 2016 Workplace Violence Prevention Symposium: The Latest Insights on How to Minimize Potential Threats and Legal Risks!

Here are just some of the vital training topics at 2016 Workplace Violence Prevention Symposium:

  • Your legal obligations around workplace violence prevention
  • Pre-hire screening techniques to help you identify and avoid potential offenders
  • Drafting strategies for your workplace violence prevention plan
  • Effective threat assessment tactics
  • Critical awareness exercises for employees
  • Key crisis management tips
  • Legal techniques for addressing warning signs and behavioral red flags
  • Response protocol for an active shooter event
  • And much more!

Register Now

HR and Safety managers have a new and increasingly critical responsibility to protect their workforce from the damaging consequences of workplace violence by ensuring proper prevention and response procedures are in place. Our high-level program comes with a money-back guarantee. The only risk you take is choosing not to be prepared. Arm yourself with tactical strategies that will reduce your liability and improve your employees’ chance of survival if violence ever strikes.

Find out more